Fernandez-Ruiz v. Gonzales, ___ F.3d ___, 2006 WL 3302660 (9th Cir. Nov. 15, 2006) (Arizona conviction in 2003 of class 2 misdemeanor domestic violence/assault, in violation of A.R.S. 13-1203(A), 13-3601 [which can either be under (1) by "[i]ntentionally, knowingly or recklessly causing any physical injury to another person" or simple assault under (2) by "[i]ntentionally placing another person in reasonable apprehension of imminent physical injury"], does not constitute a crime of moral turpitude for deportation purposes since the record of conviction does not specify which subdivision of the divisible statute was the offense of which respondent was convicted).
jurisdiction:
Ninth Circuit